New Brunswick renting guide

Parking and storage in New Brunswick

Whether a parking spot or storage locker is part of your tenancy comes down to your lease. If it is in the lease, the landlord cannot just take it away or change the deal without your agreement.

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What are the rules for parking and storage in a New Brunswick rental?

For tenants

If parking or storage is written into your lease, it is part of your tenancy and your landlord has to honour it. They cannot remove it or cut it back mid-lease without your written agreement. Whether a separate parking or storage charge counts as rent, and so falls under the 3% cap and six months' notice, is not spelled out in New Brunswick law and depends on the facts, but a landlord cannot relabel rent as a fee to get around the cap. If your parking or storage is taken away or the charge jumps, you can take it to the Office.

For landlords

Put parking and storage in the lease so everyone is clear. You cannot unilaterally change lease terms, including removing parking or storage, except by mutual written agreement, or in a long-term tenancy of five-plus years with three months notice. If a parking charge is really part of the rent, the rent rules apply to it, and you cannot split it out as a separate fee to dodge the cap.

The key facts

Part of the tenancy?: If it is in the lease, yes
Removing it mid-lease: Needs your written agreement
Counts as rent?: Fact-specific, the Office decides
Recourse: Apply to the Office

Common questions

My landlord wants to take away the parking that came with my apartment. Can he?

Not on his own, if it is part of your lease. A landlord cannot change lease terms unilaterally, including removing included parking or storage, except by mutual written agreement, or in a long-term five-year-plus tenancy with notice. If it is taken away, you can apply to the Office.

Can my landlord raise my parking fee by more than the rent cap?

It depends on whether the parking charge is really part of your rent, which New Brunswick law does not spell out clearly, so the Office would decide on the facts. What a landlord cannot do is relabel rent as a separate fee to get around the 3% cap.